Bill As Introduced S.55

BILL AS INTRODUCED S.55

2003 Page 1

S.55

Introduced by Senator Bartlett of Lamoille County, Senator Ayer of Addison County, Senator Campbell of Windsor County, Senator Collins of Franklin County, Senator Condos of Chittenden County, Senator Cummings of Washington County, Senator Gander of Windham County, Senator Greenwood of Essex-Orleans County, Senator Ide of Caledonia County, Senator Illuzzi of Essex-Orleans County, Senator Lyons of Chittenden County, Senator Mullin of Rutland County, Senator Scott of Washington County, Senator Sears of Bennington County and Senator White of Windham County

Referred to Committee on

Date:

Subject: Snowmobiles; trail maintenance; state liability insurance coverage

Statement of purpose: This bill proposes to require the state to provide liability insurance to parties under contract with the department of forests, parks and recreation for administration, development, and maintenance of the state snowmobile trail system. The insured parties shall include

VAST-affiliated snowmobile clubs and landowners who allow their property to be used for snowmobile trails as part of the statewide snowmobile trail system. The bill also repeals the requirement that trails liability insurance be purchased by VAST.

AN ACT RELATING TO REQUIRING THE STATE TO PROVIDE LIABILITY INSURANCE FOR THE ADMINISTRATION, DEVELOPMENT, AND MAINTENANCE OF THE STATE SNOWMOBILE TRAIL SYSTEM

It is hereby enacted by the General Assembly of the State of Vermont:

Sec. 1. 23 V.S.A. § 3214 is amended to read:

§ 3214. APPROPRIATION OF FEES AND PENALTIES; LIABILITY

INSURANCE; AUTHORITY TO CONTRACT FOR LAW

ENFORCEMENT SERVICES

(a) The amount of 85 percent of the fees and penalties collected under this subchapter, except interest, is hereby appropriated to the agency of natural resources for use by VAST for development and maintenance of the statewide snowmobile trail program (SSTP), for trails' liability insurance, and to contract for law enforcement services with any constable, sheriff's department, municipal police department, the department of public safety, and the department of fish and wildlife for purposes of trail compliance pursuant to this chapter. The departments of public safety and fish and wildlife are authorized to contract with VAST to provide these law enforcement services. The agency of natural resources may retain for its use up to $11,500.00 during each fiscal year to be used for the oversight of the state snowmobile trail program.

(b) All fees and penalties, except interest, collected under this subchapter and not appropriated pursuant to subsection (a) of this section shall be used to purchase trails' liability and other related insurance. The department of buildings and general services shall assist VAST with the procurement of trails liability and other related insurance. The balance shall be deposited, together with interest accrued, in the transportation fund.

(c) VAST shall purchase a trails' liability insurance policy in the amount of $1,000,000.00. The state of Vermont shall be named an additional insured. The policy shall extend to all VAST affiliated snowmobile clubs and their respective employees and agents to provide for trails' liability coverage for development and maintenance of the statewide snowmobile trails program including groomer use and operation.

(d) Nothing contained in this section shall authorize or create any cause of action to accrue or to be maintained against the state of Vermont.

(e)(c) Any fees and penalties appropriated pursuant to subsection (a) of this section shall not revert but shall be available until spent. Any accrued interest shall be deposited in the transportation fund.

Sec. 2. 23 V.S.A. § 3217 is amended to read:

§ 3217. LIABILITY INSURANCE; TRAIL MAINTENANCE

The state may shall extend coverage of its liability insurance to parties under contract with the department of forests, parks and recreation for administration, development, and maintenance of the statewide snowmobile trail system. Insurance coverage shall match the state's current financial liability limits, shall be no less than $2,000.00 per occurrence, and shall be limited to those activities defined by the development and maintenance contract. The insurance coverage shall extend to all VAST-affiliated snowmobile clubs and their respective employees and agents to provide trails liability coverage for development and maintenance of the statewide snowmobile trail program, including groomer use and operation, and shall cover all landowners who allow their land to be used for snowmobile trails as part of the statewide snowmobile trail system. The department of buildings and general services shall pay for this extended coverage with funds from snowmobile registration receipts, fees, and penalties, except interest, collected under this subchapter and not appropriated pursuant to subsection (a) of this section. If the funds from these sources are not sufficient to pay the cost of the insurance required by this section, the balance of the cost shall be paid out of the transportation fund.